Alma Communications Ltd & Anor v Feedback Communications Ltd
The claimants failed to make full and frank disclosure of material facts regarding other uses of the 'Bangla' mark, which goes to the heart of their entitlement to ex parte relief. The ex parte injunction cannot be continued in any form pending the inter partes hearing.
- Parties
- Claimant: Alma Communications Limited; Claimant: Neutron Marketing Limited; Defendant: Feedback Communications Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 10 May 2004
- Procedural Posture
- Intellectual Property Injunction Application / Application to Continue Ex Parte Injunction
- Outcome
- ex parte injunction discharged
- Legal Topics
- Trade Marks, Passing Off, Ex Parte Injunctions, Full and Frank Disclosure
Case Brief
Summary, issues, holding and outcome
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Parties
Alma Communications Limited
Claimant
Neutron Marketing Limited
Claimant
Feedback Communications Limited
Defendant
Procedural Posture
Intellectual Property Injunction Application / Application to Continue Ex Parte Injunction
Legal Issues
- 1 Whether the claimants are entitled to continuation of an ex parte injunction in light of non-disclosure
- 2 Whether there was a breach of the duty of full and frank disclosure in the application for ex parte relief
Ratio Decidendi
The claimants failed to make full and frank disclosure of material facts regarding other uses of the 'Bangla' mark, which goes to the heart of their entitlement to ex parte relief. The ex parte injunction cannot be continued in any form pending the inter partes hearing.
Court Disposition
ex parte injunction discharged
Orders
- Ex parte relief granted on 27 April 2004 and extended is not continued.
Full Case Text
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